Antidumping and Countervailing Duty Orders on Certain Aluminum Foil From the People's Republic of China: Preliminary Affirmative Determinations of Circumvention With Respect to the Republic of Korea and the Kingdom of Thailand, 17177-17182 [2023-05832]

Download as PDF 17177 Notices Federal Register Vol. 88, No. 55 Wednesday, March 22, 2023 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–55–2022] Foreign-Trade Zone (FTZ) 125; Authorization of Production Activity; REV Recreation Group, Inc. d/b/a Midwest Automotive Designs; (Passenger Vehicles); Elkhart, Indiana On November 17, 2022, REV Recreation Group, Inc. d/b/a Midwest Automotive Designs submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ 125, in Elkhart, Indiana. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (87 FR 72446, November 25, 2022). On March 17, 2023, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: March 17, 2023. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2023–05868 Filed 3–21–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board lotter on DSK11XQN23PROD with NOTICES1 [B–54–2022] Foreign-Trade Zone (FTZ) 15; Authorization of Production Activity; Moly-Cop USA, LLC; (Forged Steel Grinding Balls); Kansas City, Missouri On November 17, 2022, Moly-Cop USA, LLC submitted a notification of proposed production activity to the FTZ VerDate Sep<11>2014 16:52 Mar 21, 2023 Jkt 259001 Board for its facility within FTZ 15 in Kansas City, Missouri. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (87 FR 71577, November 23, 2022). On March 17, 2023, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: March 17, 2023. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2023–05867 Filed 3–21–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–053, C–570–054] Antidumping and Countervailing Duty Orders on Certain Aluminum Foil From the People’s Republic of China: Preliminary Affirmative Determinations of Circumvention With Respect to the Republic of Korea and the Kingdom of Thailand Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that imports of certain aluminum foil (aluminum foil) that were exported from the Republic of Korea (Korea) and from the Kingdom of Thailand (Thailand), using inputs (i.e., aluminum foil- and sheet-gauge products) manufactured in the People’s Republic of China (China), as specified below, are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum foil from China. DATES: Applicable March 22, 2023. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney and Mark Flessner, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4475 and (202) 482–6312, respectively. AGENCY: PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: Background On April 19, 2018, Commerce published in the Federal Register AD and CVD Orders on U.S. imports of aluminum foil from China.1 On July 11, 2022, pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.226(b), Commerce selfinitiated country-wide circumvention inquiries to determine whether imports of aluminum foil, completed in Korea and Thailand (collectively, the third countries), using inputs (i.e., aluminum foil- and sheet-gauge products) manufactured in China, are circumventing the Orders and, accordingly, should be covered by the scope of the Orders.2 On October 11, 2022, Commerce selected two respondents from each of the examined third countries as the mandatory respondents in these circumvention inquiries.3 On December 1, 2022, Commerce extended the deadline for issuing the preliminary determinations in these circumvention inquiries by 75 days, until February 28, 2023, and extended the deadline for issuing the final determinations by 65 days, until July 18, 2023.4 On February 27, 2023, Commerce further extended the deadlines for issuing the preliminary and final determinations in these circumvention inquiries by an additional 15 days each, until March 15, 2023, and August 2, 2023, respectively.5 For a complete description of the events that followed the initiation of these circumvention 1 See Certain Aluminum Foil from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 83 FR 17362 (April 19, 2018) (Aluminum Foil AD Order); see also Certain Aluminum Foil from the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 83 FR 17360 (April 19, 2018) (Aluminum Foil CVD Order) (collectively, Orders). 2 See Certain Aluminum Foil from the People’s Republic of China: Initiation of Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 87 FR 42702 (July 18, 2022) (Initiation Notice). 3 See Memorandum, ‘‘Republic of Korea Respondent Selection,’’ dated October 11, 2022; see also Memorandum, ‘‘Kingdom of Thailand Respondent Identification,’’ dated October 11, 2022. 4 See Memorandum, ‘‘Extension of Preliminary and Final Determinations in Circumvention Inquiries,’’ dated December 1, 2022. 5 See Memorandum, ‘‘Extension of Preliminary and Final Determinations in Circumvention Inquiries,’’ dated February 27, 2023. E:\FR\FM\22MRN1.SGM 22MRN1 17178 Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Notices inquiries, see the Preliminary Decision Memoranda.6 The topics included in the Preliminary Decision Memoranda are identified in Appendix I to this notice. The Preliminary Decision Memoranda are public documents and are on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memoranda can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Orders The merchandise covered by the Orders is certain aluminum foil. For a full description of the scope of the Orders, see the Preliminary Decision Memoranda. Merchandise Subject to the Circumvention Inquiries These circumvention inquiries cover aluminum foil, assembled or completed in Korea and Thailand using Chineseorigin aluminum foil and/or sheet, that is subsequently exported from Korea and Thailand to the United States (inquiry merchandise). Methodology Commerce made these preliminary circumvention determinations in accordance with section 781(b) of the Act and 19 CFR 351.226. For a full description of the methodology underlying the preliminary determinations, see the Preliminary Decision Memoranda. Preliminary Circumvention Determinations We preliminarily determine that aluminum foil, assembled or completed in Korea and Thailand by the entities identified in Appendix II to this notice, using Chinese-origin aluminum foil and/or sheet, that is subsequently exported from Korea or Thailand to the United States, is circumventing the Orders. For a detailed explanation of our determinations with respect to the entities identified in Appendix II, see the Preliminary Decision Memoranda and the ‘‘Use of Adverse Facts Available’’ section, below. lotter on DSK11XQN23PROD with NOTICES1 6 See Memoranda, ‘‘Aluminum Foil from the People’s Republic of China: Preliminary Decision Memorandum for the Circumvention Inquiry With Respect to the Republic of Korea,’’ and ‘‘Aluminum Foil from the People’s Republic of China: Preliminary Decision Memorandum for the Circumvention Inquiry With Respect to the Kingdom of Thailand,’’ each dated concurrently with, and hereby adopted by, this notice (collectively, Preliminary Decision Memoranda). VerDate Sep<11>2014 16:52 Mar 21, 2023 Jkt 259001 As detailed in the Preliminary Decision Memoranda, we also preliminarily determine that U.S. imports of inquiry merchandise exported from Korea and Thailand are circumventing the Orders on a countrywide basis. As a result, we preliminarily determine that this merchandise is covered by the Orders. See the ‘‘Suspension of Liquidation and Cash Deposit Requirements’’ section below for details regarding suspension of liquidation and cash deposit requirements. See the ‘‘Certification’’ and ‘‘Certification Requirements’’ sections below for details regarding the use of certifications. Use of Adverse Facts Available Pursuant to section 776(a) of the Act, if necessary information is not available on the record, or an interested party withholds requested information, fails to provide requested information by the deadline or in the form and manner requested, or significantly impeded a proceeding, Commerce shall use the facts otherwise available in reaching the applicable determination. Moreover, pursuant to section 776(b) of the Act, Commerce may use inferences adverse to the interests of an interested party in selecting from among the facts otherwise available if the party fails to cooperate by acting to the best of its ability to provide requested information. Commerce requested information from certain companies in each of the examined countries related to the quantity and value (Q&V) of their exports during the inquiry period, for purposes of respondent selection. In these Q&V questionnaires, Commerce explained that, if the company to which Commerce issued the questionnaire fails to respond to the questionnaire, or fails to provide the requested information, Commerce may find that the company failed to cooperate by not acting to the best of its ability to comply with the request for information, and may use an inference that is adverse to the company’s interests in selecting from the facts otherwise available. One company to which Commerce issued the Q&V questionnaire in the Thailand inquiry (i.e., Sankyu Thai Co., Ltd. (Sankyu)) received, but failed to timely respond to, the Q&V questionnaire. Therefore, we preliminarily find that necessary information is not available on the record and that Sankyu withheld requested information, failed to provide requested information by the deadline or in the form and manner requested, and significantly impeded these inquiries. Moreover, we find that this company failed to cooperate to the best PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 of its ability to provide the requested Q&V information because it did not provide any response to Commerce’s Q&V questionnaire. Consequently, we used adverse inferences with respect to Sankyu in selecting from among the facts otherwise available on the record, pursuant to sections 776(a) and (b) of the Act. For details regarding the adverse facts available used in our decisions, see the Preliminary Decision Memoranda. Based on the adverse facts available used, we preliminarily determine that Sankyu exported inquiry merchandise and that U.S. entries of that merchandise are circumventing the Orders. Additionally, we are preliminarily precluding Sankyu from participating in the certification programs that we are establishing for exports of aluminum foil from Thailand. U.S. entries of inquiry merchandise made on or after July 18, 2022, that are ineligible for certification based on the failure of Sankyu to cooperate, or for other reasons, shall remain subject to suspension of liquidation until final assessment instructions on those entries are issued, whether by automatic liquidation instructions, or by instructions pursuant to the final results of an administrative review.7 Interested parties that wish to have their suspended entries, if any, reviewed, and their ineligibility for the certification program re-evaluated, should request an administrative review of the relevant suspended entries during the next anniversary month of these Orders (i.e., April 2023).8 Preliminary Determination of No Shipments On September 1, 2022, UACJ (Thailand) Co., Ltd. (UACJ) timely filed a response to Commerce’s Q&V questionnaire, in which it reported that it did not sell or export the merchandise covered by the circumvention inquiry to the United States during the period of inquiry.9 Based on the supporting information provided by UACJ,10 we preliminarily determine that UACJ had no shipments of inquiry merchandise to the United States during the period of inquiry. 7 Commerce continues to consider the process by which companies may demonstrate eligibility for the certification program in future segments of the aluminum foil proceedings. Commerce encourages interested parties to provide comments on this topic in their case briefs. 8 See 19 CFR 351.213(b). 9 See UACJ’s Letter, ‘‘Response to the Quantity and Value Questionnaire,’’ dated September 1, 2022. 10 Id. E:\FR\FM\22MRN1.SGM 22MRN1 Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Notices Suspension of Liquidation Based on the preliminary affirmative country-wide determinations of circumvention for Korea and Thailand, and preliminary affirmative determinations of circumvention for the companies identified in Appendix II, in accordance with 19 CFR 351.225(l)(2), we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation and require a cash deposit of estimated duties on unliquidated entries of aluminum foil, assembled or completed in Korea and Thailand using Chineseorigin aluminum foil and/or sheet, that were entered, or withdrawn from warehouse, for consumption on or after July 18, 2022, the date of publication of the initiation of these circumvention inquiries in the Federal Register. For exporters of the aluminum foil that have a company-specific cash deposit rate under the Aluminum Foil AD Order and/or Aluminum Foil CVD Order, the cash deposit rate will be the company-specific AD and/or CVD cash deposit rate established for that company in the most recently completed segment of the aluminum foil proceedings. For exporters of aluminum foil that do not have a company-specific cash deposit rate under the Aluminum Foil AD Order and/or Aluminum Foil CVD Order, the cash deposit rate will be the company-specific cash deposit rate established under the Aluminum Foil AD Order and/or Aluminum Foil CVD Order for the company that exported the aluminum foil and/or sheet to the producer/exporter in Korea or Thailand that was incorporated in the imported aluminum foil. If neither the exporter of the aluminum foil from Korea or Thailand, nor the Chinese exporter of the aluminum foil and/or sheet, has a company-specific cash deposit rate, the AD cash deposit rate will be the Chinawide rate (106.09 percent), and the CVD cash deposit rate will be the ‘‘all-others’’ rate (18.56 percent). Commerce has established the following third-country case numbers in the Automated Commercial Environment (ACE) for such entries: Korea A–580–053/C–580– 054; Thailand A–549–053/C–549–054. The suspension of liquidation will remain in effect until further notice. lotter on DSK11XQN23PROD with NOTICES1 Certified Entries Entries for which the importer and exporter have met the certification requirements described below and in Appendix III to this notice will not be subject to suspension of liquidation, or the cash deposit requirements described above. Failure to comply with the applicable requisite certification requirements may result in the VerDate Sep<11>2014 16:52 Mar 21, 2023 Jkt 259001 merchandise being subject to antidumping and countervailing duties. Certifications In order to administer the preliminary country-wide and company-specific affirmative determinations of circumvention for Korea and Thailand, Commerce has established importer and exporter certifications. These certifications will permit importers and exporters to establish that specific entries of aluminum foil from Korea and Thailand are not subject to suspension of liquidation or the collection of cash deposits pursuant to these preliminary country-wide affirmative determinations of circumvention because the merchandise meets the component content requirements described in the certification (see Appendix III to this notice). Because Sankyu was noncooperative, it is not eligible to use the certification described above.11 Importers and exporters that claim that an entry of aluminum foil is not subject to suspension of liquidation or the collection of cash deposits based on the inputs used to manufacture such merchandise must complete the applicable certification and meet the certification and documentation requirements described below, as well as the requirements identified in the applicable certification. Certification Requirements for Korea and Thailand Importers are required to complete and maintain the applicable importer certification, and maintain a copy of the applicable exporter certification, and retain all supporting documentation for both certifications. With the exception of the entries described below, the importer certification must be completed, signed, and dated by the time the entry summary is filed for the relevant entry. The importer, or the importer’s agent, must submit both the importer’s certification and the exporter’s certification to CBP as part of the entry process by uploading them into the document imaging system (DIS) in ACE. Where the importer uses a broker to facilitate the entry process, it should obtain the entry summary number from the broker. Agents of the 11 See Preliminary Decision Memoranda at ‘‘Use of Facts Available with Adverse Inferences,’’ and, e.g., Anti-circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998), unchanged in Anti-Circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675 and 54676 (October 13, 1998). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 17179 importer, such as brokers, however, are not permitted to certify on behalf of the importer. Exporters are required to complete and maintain the applicable exporter certification and provide the importer with a copy of that certification and all supporting documentation (e.g., invoice, purchase order, production records, etc.). With the exception of the entries described below, the exporter certification must be completed, signed, and dated by the time of shipment of the relevant entries. The exporter certification must be completed by the party selling the aluminum foil that was manufactured in Korea or Thailand to the United States. Additionally, the claims made in the certifications and any supporting documentation are subject to verification by Commerce and/or CBP. Importers and exporters are required to maintain the certifications and supporting documentation until the later of: (1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries. For all aluminum foil from Korea and Thailand that was entered, or withdrawn from warehouse, for consumption during the period July 18, 2022 (the date of initiation of these circumvention inquiries), through the date of publication of the preliminary determinations in the Federal Register, where the entry has not been liquidated (and entries for which liquidation has not become final), the relevant certification should be completed and signed as soon as practicable, but not later than 45 days after the date of publication of these preliminary determinations in the Federal Register. For such entries, importers, and exporters each have the option to complete a blanket certification covering multiple entries, individual certifications for each entry, or a combination thereof. The exporter must provide the importer with a copy of the exporter certification within 45 days of the date of publication of these preliminary determinations in the Federal Register. For unliquidated entries (and entries for which liquidation has not become final) of aluminum foil that were declared as non-AD/CVD type entries (e.g., type 01) and entered, or withdrawn from warehouse, for consumption in the United States during the period July 18, 2022 (the date of initiation of these circumvention inquiries) through the date of publication of these preliminary E:\FR\FM\22MRN1.SGM 22MRN1 17180 Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Notices determinations in the Federal Register, for which none of the above certifications may be made, importers must file a Post Summary Correction with CBP, in accordance with CBP’s regulations, regarding conversion of such entries from non-AD/CVD type entries to AD/CVD type entries (e.g., type 01 to type 03). Importers should report those AD/CVD type entries using the following third-country case numbers: Korea A–580–053/C–580–054; Thailand A–549–053/C–549–054. Other third-country case numbers may be established following the process described above. The importer should pay cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties. If it is determined that an importer and/or exporter has not met the certification and/or related documentation requirements for certain entries, Commerce intends to instruct CBP to suspend, pursuant to these preliminary country-wide affirmative determinations of circumvention and the Orders,12 all unliquidated entries for which these requirements were not met and to require the importer to post applicable AD and CVD cash deposits equal to the rates noted above. Interested parties may comment in their case briefs on these certification requirements, and on the certification language contained in the appendices to this notice. lotter on DSK11XQN23PROD with NOTICES1 Verification As provided in 19 CFR 351.226(f)(3), Commerce intends to verify the information relied upon in making its final determinations. Public Comment Case briefs or other written comments for a particular country should be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report for that country is issued. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline for case briefs.13 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in these circumvention inquiries are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Note that Commerce has temporarily 12 See Orders. 13 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 16:52 Mar 21, 2023 Jkt 259001 modified certain of its requirements for serving documents containing business proprietary information, until further notice.14 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing for a particular country, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice in the Federal Register. Requests should contain: (1) the requesting party’s name, address, and telephone number; (2) the number of individuals from the requesting party that will attend the hearing and whether any of those individuals is a foreign national; and (3) a list of the issues that the party intends to discuss at the hearing. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date of the hearing. U.S. International Trade Commission Notification Commerce, consistent with section 781(e) of the Act, will notify the U.S. International Trade Commission (ITC) of these preliminary determinations to include the merchandise subject to these circumvention inquiries within the Orders. Pursuant to section 781(e) of the Act, the ITC may request consultations concerning Commerce’s proposed inclusion of the inquiry merchandise. If, after consultations, the ITC believes that a significant injury issue is presented by the proposed inclusion, it will have 60 days from the date of notification by Commerce to provide written advice. Notification to Interested Parties These determinations are issued and published in accordance with section 781(b) of the Act and 19 CFR 351.226(g)(1). Dated: March 15, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix No. I .................... Appendix name Topics Discussed in the Preliminary Decision Memoranda. 14 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Appendix No. Appendix name II ................... Companies Preliminarily Found to be Circumventing the Orders. Certification Regarding Chinese Components. III .................. Appendices Appendix I Topics Discussed in the Preliminary Decision Memoranda Korea I. Summary II. Background III. Scope of the Orders IV. Merchandise Subject to Circumvention Inquiry V. Period of the Circumvention Inquiry VI. Non-Market Economy Methodology for Valuing Material Inputs From China VII. Statutory and Regulatory Framework for the Circumvention Inquiry VIII. Statutory Analysis for the Circumvention Inquiry IX. Summary of Statutory Analysis X. Verification XI. Certification Process and Country-Wide Affirmation Determination of Circumvention XII. Recommendation Thailand I. Summary II. Background III. Scope of the Orders IV. Merchandise Subject to Circumvention Inquiry V. Period of the Circumvention Inquiry VI. Affiliation and Collapsing VII. Non-Market Economy Methodology for Valuing Material Inputs From China VIII. Statutory and Regulatory Framework for the Circumvention Inquiry IX. Use of Facts Available With Adverse Inferences X. Statutory Analysis for the Circumvention Inquiry XI. Summary of Statutory Analysis XII. Verification XIII. Certification Process and Country-Wide Affirmation Determination of Circumvention XIV. Recommendation Appendix II Companies Found To Be Circumventing the Orders Korea 1. Dong-IL Aluminium Co., Ltd. 2. Lotte Aluminium Co., Ltd. 3. Dongwon Systems Corp. 4. ILJIN ALTECH Co., Ltd. 5. Korea Aluminium Co., Ltd. 6. Sam-A Aluminium Co., Ltd. Thailand 1. Dingheng New Materials Co., Ltd. 2. Ding Li New Materials Co., Ltd. 3. Sankyu Thai Co., Ltd. (based on adverse facts available) E:\FR\FM\22MRN1.SGM 22MRN1 Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Notices Appendix III lotter on DSK11XQN23PROD with NOTICES1 Certification Regarding Chinese Components Importer Certification I hereby certify that: A. My name is {IMPORTING COMPANY OFFICIAL’S NAME} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADDRESS OF IMPORTING COMPANY}. B. I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the aluminum foil completed in {COUNTRY} that entered under the entry summary number(s), identified below, and are covered by this certification. ‘‘Direct personal knowledge’’ refers to the facts the certifying party is expected to have in its own records. For example, the importer should have direct personal knowledge of the exporter’s and/or seller’s identity and location. C. If the importer is acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification: The aluminum foil covered by this certification was imported by {NAME OF IMPORTING COMPANY} on behalf of {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}. If the importer is not acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification: {NAME OF IMPORTING COMPANY} is not acting on behalf of the first U.S. customer. D. The aluminum foil covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. E. I have personal knowledge of the facts regarding the production of the imported products covered by this certification. ‘‘Personal knowledge’’ includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the source of the inputs used to produce the imported products). F. The importer certifies that the aluminum foil produced in {COUNTRY} that is covered by this certification was not manufactured using aluminum foil and/or sheet produced in China, regardless of whether sourced directly from a Chinese producer or from a downstream supplier. G. The aluminum foil covered by this certification is not covered by the antidumping duty or countervailing duty orders on certain aluminum foil from the People’s Republic of China. H. This certification applies to the following entries (repeat this block as many times as necessary): Entry Summary #: Entry Summary Line Item #: Foreign Seller: Foreign Seller’s Address: Foreign Seller’s Invoice #: Foreign Seller’s Invoice Line Item #: Producer: Producer’s Address: I. I understand that {NAME OF IMPORTING COMPANY} is required to VerDate Sep<11>2014 16:52 Mar 21, 2023 Jkt 259001 maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product specification sheets, production records, invoices, etc.) until the later of: (1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries. J. I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter’s certification (attesting to information regarding the production and/or exportation of the imported merchandise identified above), and any supporting documentation provided to the importer by the exporter, until the later of: (1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries. K. I understand that {NAME OF IMPORTING COMPANY} is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with the importer certification, and any supporting documentation, and a copy of the exporter’s certification, and any supporting documentation provided to the importer by the exporter, upon the request of either agency. L. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce. M. I understand that failure to maintain the required certifications and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are entries of merchandise that is covered by the scope of the antidumping and countervailing duty orders on aluminum foil from China. I understand that such a finding will result in: (i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; (ii) the importer being required to post the antidumping duty and countervailing duty cash deposits determined by Commerce; and (iii) the importer no longer being allowed to participate in the certification process. N. I understand that agents of the importer, such as brokers, are not permitted to make this certification. O. This certification was completed and signed on, or prior to, the date of the entry summary if the entry date is more than 14 days after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register. If the entry date is on or before the 14th day after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register, this certification was completed and signed by no later than 45 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 17181 days after publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register. P. I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} Exporter Certification The party that made the sale to the United States should fill out the exporter certification. I hereby certify that: A. My name is {COMPANY OFFICIAL’S NAME} and I am an official of {NAME OF EXPORTING COMPANY}, located at {ADDRESS OF EXPORTING COMPANY}. B. I have direct personal knowledge of the facts regarding the production and exportation of the aluminum foil for which sales are identified below. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own records. For example, an exporter should have direct personal knowledge of the producer’s identity and location. C. The aluminum foil covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. D. The seller certifies that the aluminum foil produced in {COUNTRY} that is covered by this certification was not manufactured using aluminum foil and/or sheet produced in China, regardless of whether sourced directly from a Chinese producer or from a downstream supplier. E. The aluminum foil covered by this certification is not covered by the antidumping duty or countervailing duty orders on certain aluminum foil from the People’s Republic of China. F. This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER} (repeat this block as many times as necessary): Foreign Seller’s Invoice # to U.S. Customer: Foreign Seller’s Invoice to U.S. Customer Line Item #: Producer Name: Producer’s Address: Producer’s Invoice # to the Foreign Seller: (if the foreign seller and the producer are the same party, report ‘‘NA’’ here) G. I understand that {EXPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product specification sheets, customer specification sheets, production records, invoices, etc.) until the later of: (1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any E:\FR\FM\22MRN1.SGM 22MRN1 lotter on DSK11XQN23PROD with NOTICES1 17182 Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Notices litigation in United States courts regarding such entries. H. I understand that {EXPORTING COMPANY} is required to provide the U.S. importer with a copy of this certification and is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with this certification, and any supporting documents, upon the request of either agency. I. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce. J. I understand that failure to maintain the required certification and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are sales of merchandise that is covered by the scope of the antidumping and countervailing duty orders on aluminum foil from China. I understand that such a finding will result in: (i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; (ii) the importer being required to post the antidumping and countervailing duty cash deposits determined by Commerce; and (iii) the seller/exporter no longer being allowed to participate in the certification process. K. I understand that agents of the seller/ exporter, such as freight forwarding companies or brokers, are not permitted to make this certification. L. This certification was completed and signed, and a copy of the certification was provided to the importer, on, or prior to, the date of shipment if the shipment date is after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register. If the shipment date is on or before the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register, this certification was completed and signed, and a copy of the certification was provided to the importer, by no later than 45 days after publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register. M. I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} [FR Doc. 2023–05832 Filed 3–21–23; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 16:52 Mar 21, 2023 Jkt 259001 DEPARTMENT OF COMMERCE International Trade Administration Renewable Energy and Energy Efficiency Advisory Committee International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an open meeting. AGENCY: The Renewable Energy and Energy Efficiency Advisory Committee (REEEAC or the Committee) will hold a hybrid meeting, accessible in-person and online, on Wednesday April 4, 2023, at the U.S. Department of Commerce in Washington, DC. The meeting is open to the public with registration instructions provided below. The meeting has a limited number of spaces for members of the public to attend in-person. Requests to attend in-person will be considered on a first-come first-served basis. DATES: April 4, 2023, from approximately 9:30 a.m. to 3:30 p.m. Eastern Daylight Time EDT. Members of the public wishing to participate must register in advance with Cora Dickson at the contact information below by 5:00 p.m. EDT on Friday, March 31, 2023, including any requests to make comments during the meeting or for accommodations or auxiliary aids. ADDRESSES: To register, please contact Cora Dickson, Designated Federal Officer, Office of Energy and Environmental Industries (OEEI), Industry and Analysis, International Trade Administration, U.S. Department of Commerce at (202) 482–6083; email: Cora.Dickson@trade.gov. Registered participants will be emailed the login information for the meeting, which will be conducted via WebEx. Members of the public wishing to attend in-person must request in-person attendance in their registration by the firm deadline above. FOR FURTHER INFORMATION CONTACT: Cora Dickson, Designated Federal Officer, Office of Energy and Environmental Industries (OEEI), Industry and Analysis, International Trade Administration, U.S. Department of Commerce at (202) 482–6083; email: Cora.Dickson@trade.gov. Registered participants joining virtually will be emailed the login information for the meeting, which will be accessible via WebEx. Registered participants joining in-person will be emailed instructions on accessing the designated meeting space. SUPPLEMENTARY INFORMATION: Background: The Secretary of Commerce established the REEEAC SUMMARY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 pursuant to discretionary authority and in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. app.), on July 14, 2010. The REEEAC was re-chartered most recently on May 27, 2022. The REEEAC provides the Secretary of Commerce with advice from the private sector on the development and administration of programs and policies to expand the export competitiveness of U.S. renewable energy and energy efficiency products and services. More information about the REEEAC, including the list of appointed members for this charter, is published online at https://trade.gov/ reeeac. On April 4, 2023, the REEEAC will hold the second meeting of its current charter term. The Committee, with officials from the Department of Commerce and other agencies, will discuss major issues affecting the competitiveness of the U.S. renewable energy and energy efficiency industries, determine sub-committee structure, and provide consultation on REEEAC leadership. An agenda will be made available by April 4, 2023 upon request to Cora Dickson. The meeting will be open to the public and will be accessible to people with disabilities. All guests are required to register in advance by the deadline identified under the DATES caption. Requests for auxiliary aids must be submitted by the registration deadline. Last minute requests will be accepted but may not be possible to fill. A limited amount of time before the close of the meeting will be available for oral comments from members of the public attending the meeting. To accommodate as many speakers as possible, the time for public comments will be limited to two to five minutes per person (depending on number of public participants). Individuals wishing to reserve speaking time during the meeting must contact Cora Dickson using the contact information above and submit a brief statement of the general nature of the comments, as well as the name and address of the proposed participant, by 5:00 p.m. EDT on Friday, March 31, 2023. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, the International Trade Administration may conduct a lottery to determine the speakers. Speakers are requested to submit a copy of their oral comments by email to Cora Dickson for distribution to the participants in advance of the meeting. Any member of the public may submit written comments concerning the REEEAC’s affairs at any time before E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17177-17182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05832]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053, C-570-054]

Antidumping and Countervailing Duty Orders on Certain Aluminum
Foil From the People's Republic of China: Preliminary Affirmative
Determinations of Circumvention With Respect to the Republic of Korea
and the Kingdom of Thailand

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that imports of certain aluminum foil (aluminum foil) that
were exported from the Republic of Korea (Korea) and from the Kingdom
of Thailand (Thailand), using inputs (i.e., aluminum foil- and sheet-
gauge products) manufactured in the People's Republic of China (China),
as specified below, are circumventing the antidumping duty (AD) and
countervailing duty (CVD) orders on aluminum foil from China.

DATES: Applicable March 22, 2023.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney and Mark Flessner,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4475 and (202) 482-6312,
respectively.

SUPPLEMENTARY INFORMATION:

Background

On April 19, 2018, Commerce published in the Federal Register AD
and CVD Orders on U.S. imports of aluminum foil from China.\1\ On July
11, 2022, pursuant to section 781(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.226(b), Commerce self-initiated
country-wide circumvention inquiries to determine whether imports of
aluminum foil, completed in Korea and Thailand (collectively, the third
countries), using inputs (i.e., aluminum foil- and sheet-gauge
products) manufactured in China, are circumventing the Orders and,
accordingly, should be covered by the scope of the Orders.\2\ On
October 11, 2022, Commerce selected two respondents from each of the
examined third countries as the mandatory respondents in these
circumvention inquiries.\3\
---------------------------------------------------------------------------

\1\ See Certain Aluminum Foil from the People's Republic of
China: Amended Final Determination of Sales at Less Than Fair Value
and Antidumping Duty Order, 83 FR 17362 (April 19, 2018) (Aluminum
Foil AD Order); see also Certain Aluminum Foil from the People's
Republic of China: Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 83 FR 17360 (April 19,
2018) (Aluminum Foil CVD Order) (collectively, Orders).
\2\ See Certain Aluminum Foil from the People's Republic of
China: Initiation of Circumvention Inquiries on the Antidumping Duty
and Countervailing Duty Orders, 87 FR 42702 (July 18, 2022)
(Initiation Notice).
\3\ See Memorandum, ``Republic of Korea Respondent Selection,''
dated October 11, 2022; see also Memorandum, ``Kingdom of Thailand
Respondent Identification,'' dated October 11, 2022.
---------------------------------------------------------------------------

On December 1, 2022, Commerce extended the deadline for issuing the
preliminary determinations in these circumvention inquiries by 75 days,
until February 28, 2023, and extended the deadline for issuing the
final determinations by 65 days, until July 18, 2023.\4\ On February
27, 2023, Commerce further extended the deadlines for issuing the
preliminary and final determinations in these circumvention inquiries
by an additional 15 days each, until March 15, 2023, and August 2,
2023, respectively.\5\ For a complete description of the events that
followed the initiation of these circumvention

[[Page 17178]]

inquiries, see the Preliminary Decision Memoranda.\6\ The topics
included in the Preliminary Decision Memoranda are identified in
Appendix I to this notice. The Preliminary Decision Memoranda are
public documents and are on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memoranda can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

\4\ See Memorandum, ``Extension of Preliminary and Final
Determinations in Circumvention Inquiries,'' dated December 1, 2022.
\5\ See Memorandum, ``Extension of Preliminary and Final
Determinations in Circumvention Inquiries,'' dated February 27,
2023.
\6\ See Memoranda, ``Aluminum Foil from the People's Republic of
China: Preliminary Decision Memorandum for the Circumvention Inquiry
With Respect to the Republic of Korea,'' and ``Aluminum Foil from
the People's Republic of China: Preliminary Decision Memorandum for
the Circumvention Inquiry With Respect to the Kingdom of Thailand,''
each dated concurrently with, and hereby adopted by, this notice
(collectively, Preliminary Decision Memoranda).
---------------------------------------------------------------------------

Scope of the Orders

The merchandise covered by the Orders is certain aluminum foil. For
a full description of the scope of the Orders, see the Preliminary
Decision Memoranda.

Merchandise Subject to the Circumvention Inquiries

These circumvention inquiries cover aluminum foil, assembled or
completed in Korea and Thailand using Chinese-origin aluminum foil and/
or sheet, that is subsequently exported from Korea and Thailand to the
United States (inquiry merchandise).

Methodology

Commerce made these preliminary circumvention determinations in
accordance with section 781(b) of the Act and 19 CFR 351.226. For a
full description of the methodology underlying the preliminary
determinations, see the Preliminary Decision Memoranda.

Preliminary Circumvention Determinations

We preliminarily determine that aluminum foil, assembled or
completed in Korea and Thailand by the entities identified in Appendix
II to this notice, using Chinese-origin aluminum foil and/or sheet,
that is subsequently exported from Korea or Thailand to the United
States, is circumventing the Orders. For a detailed explanation of our
determinations with respect to the entities identified in Appendix II,
see the Preliminary Decision Memoranda and the ``Use of Adverse Facts
Available'' section, below.
As detailed in the Preliminary Decision Memoranda, we also
preliminarily determine that U.S. imports of inquiry merchandise
exported from Korea and Thailand are circumventing the Orders on a
country-wide basis. As a result, we preliminarily determine that this
merchandise is covered by the Orders.
See the ``Suspension of Liquidation and Cash Deposit Requirements''
section below for details regarding suspension of liquidation and cash
deposit requirements. See the ``Certification'' and ``Certification
Requirements'' sections below for details regarding the use of
certifications.

Use of Adverse Facts Available

Pursuant to section 776(a) of the Act, if necessary information is
not available on the record, or an interested party withholds requested
information, fails to provide requested information by the deadline or
in the form and manner requested, or significantly impeded a
proceeding, Commerce shall use the facts otherwise available in
reaching the applicable determination. Moreover, pursuant to section
776(b) of the Act, Commerce may use inferences adverse to the interests
of an interested party in selecting from among the facts otherwise
available if the party fails to cooperate by acting to the best of its
ability to provide requested information.
Commerce requested information from certain companies in each of
the examined countries related to the quantity and value (Q&V) of their
exports during the inquiry period, for purposes of respondent
selection. In these Q&V questionnaires, Commerce explained that, if the
company to which Commerce issued the questionnaire fails to respond to
the questionnaire, or fails to provide the requested information,
Commerce may find that the company failed to cooperate by not acting to
the best of its ability to comply with the request for information, and
may use an inference that is adverse to the company's interests in
selecting from the facts otherwise available. One company to which
Commerce issued the Q&V questionnaire in the Thailand inquiry (i.e.,
Sankyu Thai Co., Ltd. (Sankyu)) received, but failed to timely respond
to, the Q&V questionnaire.
Therefore, we preliminarily find that necessary information is not
available on the record and that Sankyu withheld requested information,
failed to provide requested information by the deadline or in the form
and manner requested, and significantly impeded these inquiries.
Moreover, we find that this company failed to cooperate to the best of
its ability to provide the requested Q&V information because it did not
provide any response to Commerce's Q&V questionnaire. Consequently, we
used adverse inferences with respect to Sankyu in selecting from among
the facts otherwise available on the record, pursuant to sections
776(a) and (b) of the Act. For details regarding the adverse facts
available used in our decisions, see the Preliminary Decision
Memoranda.
Based on the adverse facts available used, we preliminarily
determine that Sankyu exported inquiry merchandise and that U.S.
entries of that merchandise are circumventing the Orders. Additionally,
we are preliminarily precluding Sankyu from participating in the
certification programs that we are establishing for exports of aluminum
foil from Thailand.
U.S. entries of inquiry merchandise made on or after July 18, 2022,
that are ineligible for certification based on the failure of Sankyu to
cooperate, or for other reasons, shall remain subject to suspension of
liquidation until final assessment instructions on those entries are
issued, whether by automatic liquidation instructions, or by
instructions pursuant to the final results of an administrative
review.\7\ Interested parties that wish to have their suspended
entries, if any, reviewed, and their ineligibility for the
certification program re-evaluated, should request an administrative
review of the relevant suspended entries during the next anniversary
month of these Orders (i.e., April 2023).\8\
---------------------------------------------------------------------------

\7\ Commerce continues to consider the process by which
companies may demonstrate eligibility for the certification program
in future segments of the aluminum foil proceedings. Commerce
encourages interested parties to provide comments on this topic in
their case briefs.
\8\ See 19 CFR 351.213(b).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

On September 1, 2022, UACJ (Thailand) Co., Ltd. (UACJ) timely filed
a response to Commerce's Q&V questionnaire, in which it reported that
it did not sell or export the merchandise covered by the circumvention
inquiry to the United States during the period of inquiry.\9\ Based on
the supporting information provided by UACJ,\10\ we preliminarily
determine that UACJ had no shipments of inquiry merchandise to the
United States during the period of inquiry.
---------------------------------------------------------------------------

\9\ See UACJ's Letter, ``Response to the Quantity and Value
Questionnaire,'' dated September 1, 2022.
\10\ Id.

---------------------------------------------------------------------------

[[Page 17179]]

Suspension of Liquidation

Based on the preliminary affirmative country-wide determinations of
circumvention for Korea and Thailand, and preliminary affirmative
determinations of circumvention for the companies identified in
Appendix II, in accordance with 19 CFR 351.225(l)(2), we will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation and
require a cash deposit of estimated duties on unliquidated entries of
aluminum foil, assembled or completed in Korea and Thailand using
Chinese-origin aluminum foil and/or sheet, that were entered, or
withdrawn from warehouse, for consumption on or after July 18, 2022,
the date of publication of the initiation of these circumvention
inquiries in the Federal Register.
For exporters of the aluminum foil that have a company-specific
cash deposit rate under the Aluminum Foil AD Order and/or Aluminum Foil
CVD Order, the cash deposit rate will be the company-specific AD and/or
CVD cash deposit rate established for that company in the most recently
completed segment of the aluminum foil proceedings. For exporters of
aluminum foil that do not have a company-specific cash deposit rate
under the Aluminum Foil AD Order and/or Aluminum Foil CVD Order, the
cash deposit rate will be the company-specific cash deposit rate
established under the Aluminum Foil AD Order and/or Aluminum Foil CVD
Order for the company that exported the aluminum foil and/or sheet to
the producer/exporter in Korea or Thailand that was incorporated in the
imported aluminum foil. If neither the exporter of the aluminum foil
from Korea or Thailand, nor the Chinese exporter of the aluminum foil
and/or sheet, has a company-specific cash deposit rate, the AD cash
deposit rate will be the China-wide rate (106.09 percent), and the CVD
cash deposit rate will be the ``all-others'' rate (18.56 percent).
Commerce has established the following third-country case numbers in
the Automated Commercial Environment (ACE) for such entries: Korea A-
580-053/C-580-054; Thailand A-549-053/C-549-054. The suspension of
liquidation will remain in effect until further notice.

Certified Entries

Entries for which the importer and exporter have met the
certification requirements described below and in Appendix III to this
notice will not be subject to suspension of liquidation, or the cash
deposit requirements described above. Failure to comply with the
applicable requisite certification requirements may result in the
merchandise being subject to antidumping and countervailing duties.

Certifications

In order to administer the preliminary country-wide and company-
specific affirmative determinations of circumvention for Korea and
Thailand, Commerce has established importer and exporter
certifications. These certifications will permit importers and
exporters to establish that specific entries of aluminum foil from
Korea and Thailand are not subject to suspension of liquidation or the
collection of cash deposits pursuant to these preliminary country-wide
affirmative determinations of circumvention because the merchandise
meets the component content requirements described in the certification
(see Appendix III to this notice). Because Sankyu was non-cooperative,
it is not eligible to use the certification described above.\11\
---------------------------------------------------------------------------

\11\ See Preliminary Decision Memoranda at ``Use of Facts
Available with Adverse Inferences,'' and, e.g., Anti-circumvention
Inquiry of the Antidumping Duty Order on Certain Pasta from Italy:
Affirmative Preliminary Determination of Circumvention of the
Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998),
unchanged in Anti-Circumvention Inquiry of the Antidumping Duty
Order on Certain Pasta from Italy: Affirmative Final Determination
of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675
and 54676 (October 13, 1998).
---------------------------------------------------------------------------

Importers and exporters that claim that an entry of aluminum foil
is not subject to suspension of liquidation or the collection of cash
deposits based on the inputs used to manufacture such merchandise must
complete the applicable certification and meet the certification and
documentation requirements described below, as well as the requirements
identified in the applicable certification.

Certification Requirements for Korea and Thailand

Importers are required to complete and maintain the applicable
importer certification, and maintain a copy of the applicable exporter
certification, and retain all supporting documentation for both
certifications. With the exception of the entries described below, the
importer certification must be completed, signed, and dated by the time
the entry summary is filed for the relevant entry. The importer, or the
importer's agent, must submit both the importer's certification and the
exporter's certification to CBP as part of the entry process by
uploading them into the document imaging system (DIS) in ACE. Where the
importer uses a broker to facilitate the entry process, it should
obtain the entry summary number from the broker. Agents of the
importer, such as brokers, however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete and maintain the applicable
exporter certification and provide the importer with a copy of that
certification and all supporting documentation (e.g., invoice, purchase
order, production records, etc.). With the exception of the entries
described below, the exporter certification must be completed, signed,
and dated by the time of shipment of the relevant entries. The exporter
certification must be completed by the party selling the aluminum foil
that was manufactured in Korea or Thailand to the United States.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce and/or
CBP. Importers and exporters are required to maintain the
certifications and supporting documentation until the later of: (1) the
date that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years after
the conclusion of any litigation in United States courts regarding such
entries.
For all aluminum foil from Korea and Thailand that was entered, or
withdrawn from warehouse, for consumption during the period July 18,
2022 (the date of initiation of these circumvention inquiries), through
the date of publication of the preliminary determinations in the
Federal Register, where the entry has not been liquidated (and entries
for which liquidation has not become final), the relevant certification
should be completed and signed as soon as practicable, but not later
than 45 days after the date of publication of these preliminary
determinations in the Federal Register. For such entries, importers,
and exporters each have the option to complete a blanket certification
covering multiple entries, individual certifications for each entry, or
a combination thereof. The exporter must provide the importer with a
copy of the exporter certification within 45 days of the date of
publication of these preliminary determinations in the Federal
Register.
For unliquidated entries (and entries for which liquidation has not
become final) of aluminum foil that were declared as non-AD/CVD type
entries (e.g., type 01) and entered, or withdrawn from warehouse, for
consumption in the United States during the period July 18, 2022 (the
date of initiation of these circumvention inquiries) through the date
of publication of these preliminary

[[Page 17180]]

determinations in the Federal Register, for which none of the above
certifications may be made, importers must file a Post Summary
Correction with CBP, in accordance with CBP's regulations, regarding
conversion of such entries from non-AD/CVD type entries to AD/CVD type
entries (e.g., type 01 to type 03). Importers should report those AD/
CVD type entries using the following third-country case numbers: Korea
A-580-053/C-580-054; Thailand A-549-053/C-549-054. Other third-country
case numbers may be established following the process described above.
The importer should pay cash deposits on those entries consistent with
the regulations governing post summary corrections that require payment
of additional duties.
If it is determined that an importer and/or exporter has not met
the certification and/or related documentation requirements for certain
entries, Commerce intends to instruct CBP to suspend, pursuant to these
preliminary country-wide affirmative determinations of circumvention
and the Orders,\12\ all unliquidated entries for which these
requirements were not met and to require the importer to post
applicable AD and CVD cash deposits equal to the rates noted above.
---------------------------------------------------------------------------

\12\ See Orders.
---------------------------------------------------------------------------

Interested parties may comment in their case briefs on these
certification requirements, and on the certification language contained
in the appendices to this notice.

Verification

As provided in 19 CFR 351.226(f)(3), Commerce intends to verify the
information relied upon in making its final determinations.

Public Comment

Case briefs or other written comments for a particular country
should be submitted to the Assistant Secretary for Enforcement and
Compliance no later than seven days after the date on which the last
verification report for that country is issued. Rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
seven days after the deadline for case briefs.\13\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in these circumvention inquiries are encouraged to submit with
each argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\14\
---------------------------------------------------------------------------

\13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing for a particular country, limited to issues raised in
the case and rebuttal briefs, must submit a written request to the
Assistant Secretary for Enforcement and Compliance, U.S. Department of
Commerce, within 30 days after the date of publication of this notice
in the Federal Register. Requests should contain: (1) the requesting
party's name, address, and telephone number; (2) the number of
individuals from the requesting party that will attend the hearing and
whether any of those individuals is a foreign national; and (3) a list
of the issues that the party intends to discuss at the hearing. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm by telephone
the date, time, and location of the hearing two days before the
scheduled date of the hearing.

U.S. International Trade Commission Notification

Commerce, consistent with section 781(e) of the Act, will notify
the U.S. International Trade Commission (ITC) of these preliminary
determinations to include the merchandise subject to these
circumvention inquiries within the Orders. Pursuant to section 781(e)
of the Act, the ITC may request consultations concerning Commerce's
proposed inclusion of the inquiry merchandise. If, after consultations,
the ITC believes that a significant injury issue is presented by the
proposed inclusion, it will have 60 days from the date of notification
by Commerce to provide written advice.

Notification to Interested Parties

These determinations are issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.226(g)(1).

Dated: March 15, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

------------------------------------------------------------------------
Appendix No. Appendix name
------------------------------------------------------------------------
I................................... Topics Discussed in the
Preliminary Decision Memoranda.
II.................................. Companies Preliminarily Found to
be Circumventing the Orders.
III................................. Certification Regarding Chinese
Components.
------------------------------------------------------------------------

Appendices

Appendix I

Topics Discussed in the Preliminary Decision Memoranda

Korea

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Non-Market Economy Methodology for Valuing Material Inputs From
China
VII. Statutory and Regulatory Framework for the Circumvention
Inquiry
VIII. Statutory Analysis for the Circumvention Inquiry
IX. Summary of Statutory Analysis
X. Verification
XI. Certification Process and Country-Wide Affirmation Determination
of Circumvention
XII. Recommendation

Thailand

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Affiliation and Collapsing
VII. Non-Market Economy Methodology for Valuing Material Inputs From
China
VIII. Statutory and Regulatory Framework for the Circumvention
Inquiry
IX. Use of Facts Available With Adverse Inferences
X. Statutory Analysis for the Circumvention Inquiry
XI. Summary of Statutory Analysis
XII. Verification
XIII. Certification Process and Country-Wide Affirmation
Determination of Circumvention
XIV. Recommendation

Appendix II

Companies Found To Be Circumventing the Orders

Korea

1. Dong-IL Aluminium Co., Ltd.
2. Lotte Aluminium Co., Ltd.
3. Dongwon Systems Corp.
4. ILJIN ALTECH Co., Ltd.
5. Korea Aluminium Co., Ltd.
6. Sam-A Aluminium Co., Ltd.

Thailand

1. Dingheng New Materials Co., Ltd.
2. Ding Li New Materials Co., Ltd.
3. Sankyu Thai Co., Ltd. (based on adverse facts available)

[[Page 17181]]

Appendix III

Certification Regarding Chinese Components

Importer Certification

I hereby certify that:
A. My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I am
an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of the
aluminum foil completed in {COUNTRY{time} that entered under the
entry summary number(s), identified below, and are covered by this
certification. ``Direct personal knowledge'' refers to the facts the
certifying party is expected to have in its own records. For
example, the importer should have direct personal knowledge of the
exporter's and/or seller's identity and location.
C. If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The aluminum foil covered by this certification was imported by
{NAME OF IMPORTING COMPANY{time} on behalf of {NAME OF U.S.
CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
D. The aluminum foil covered by this certification was shipped
to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS
FIRST SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE
WAS SHIPPED{time} .
E. I have personal knowledge of the facts regarding the
production of the imported products covered by this certification.
``Personal knowledge'' includes facts obtained from another party,
(e.g., correspondence received by the importer (or exporter) from
the producer regarding the source of the inputs used to produce the
imported products).
F. The importer certifies that the aluminum foil produced in
{COUNTRY{time} that is covered by this certification was not
manufactured using aluminum foil and/or sheet produced in China,
regardless of whether sourced directly from a Chinese producer or
from a downstream supplier.
G. The aluminum foil covered by this certification is not
covered by the antidumping duty or countervailing duty orders on
certain aluminum foil from the People's Republic of China.
H. This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer:
Producer's Address:
I. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, product specification sheets,
production records, invoices, etc.) until the later of: (1) the date
that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years
after the conclusion of any litigation in United States courts
regarding such entries.
J. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of the exporter's certification
(attesting to information regarding the production and/or
exportation of the imported merchandise identified above), and any
supporting documentation provided to the importer by the exporter,
until the later of: (1) the date that is five years after the latest
entry date of the entries covered by the certification; or (2) the
date that is three years after the conclusion of any litigation in
United States courts regarding such entries.
K. I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide U.S. Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce (Commerce) with the importer
certification, and any supporting documentation, and a copy of the
exporter's certification, and any supporting documentation provided
to the importer by the exporter, upon the request of either agency.
L. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
M. I understand that failure to maintain the required
certifications and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are entries of merchandise that is covered by the scope of the
antidumping and countervailing duty orders on aluminum foil from
China. I understand that such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping duty
and countervailing duty cash deposits determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
N. I understand that agents of the importer, such as brokers,
are not permitted to make this certification.
O. This certification was completed and signed on, or prior to,
the date of the entry summary if the entry date is more than 14 days
after the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed by no later than 45 days after publication of
the notice of Commerce's preliminary determination of circumvention
in the Federal Register.
P. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.

Signature

{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}

{DATE{time}

Exporter Certification

The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
A. My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF EXPORTING COMPANY{time} , located at {ADDRESS
OF EXPORTING COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
production and exportation of the aluminum foil for which sales are
identified below. ``Direct personal knowledge'' refers to facts the
certifying party is expected to have in its own records. For
example, an exporter should have direct personal knowledge of the
producer's identity and location.
C. The aluminum foil covered by this certification was shipped
to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED{time} .
D. The seller certifies that the aluminum foil produced in
{COUNTRY{time} that is covered by this certification was not
manufactured using aluminum foil and/or sheet produced in China,
regardless of whether sourced directly from a Chinese producer or
from a downstream supplier.
E. The aluminum foil covered by this certification is not
covered by the antidumping duty or countervailing duty orders on
certain aluminum foil from the People's Republic of China.
F. This certification applies to the following sales to {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line Item #:
Producer Name:
Producer's Address:
Producer's Invoice # to the Foreign Seller: (if the foreign
seller and the producer are the same party, report ``NA'' here)
G. I understand that {EXPORTING COMPANY{time} is required to
maintain a copy of this certification and sufficient documentation
supporting this certification (i.e., documents maintained in the
normal course of business, or documents obtained by the certifying
party, for example, product specification sheets, customer
specification sheets, production records, invoices, etc.) until the
later of: (1) the date that is five years after the latest entry
date of the entries covered by the certification; or (2) the date
that is three years after the conclusion of any

[[Page 17182]]

litigation in United States courts regarding such entries.
H. I understand that {EXPORTING COMPANY{time} is required to
provide the U.S. importer with a copy of this certification and is
required to provide U.S. Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce (Commerce) with this certification,
and any supporting documents, upon the request of either agency.
I. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
J. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all sales to which this certification applies are
sales of merchandise that is covered by the scope of the antidumping
and countervailing duty orders on aluminum foil from China. I
understand that such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping and
countervailing duty cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate
in the certification process.
K. I understand that agents of the seller/exporter, such as
freight forwarding companies or brokers, are not permitted to make
this certification.
L. This certification was completed and signed, and a copy of
the certification was provided to the importer, on, or prior to, the
date of shipment if the shipment date is after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register. If the shipment date is on or
before the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register,
this certification was completed and signed, and a copy of the
certification was provided to the importer, by no later than 45 days
after publication of the notice of Commerce's preliminary
determination of circumvention in the Federal Register.
M. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.
Signature

{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}

{DATE{time}

[FR Doc. 2023-05832 Filed 3-21-23; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.